FAQ

Alternatives to court

Many family matters can be resolved without going to court. These answers cover some of the most common questions about mediation, collaborative law, arbitration and negotiated settlements. For advice on your own circumstances, please contact our team.

How can we have an amicable divorce?

Take advice early, be open about your finances, and consider a joint application and a non-court route such as mediation or collaborative law. Agreeing arrangements around the children’s needs, rather than each of your positions, also helps keep things calm.

What is the difference between mediation, arbitration and collaborative law?

In mediation, a neutral mediator helps you reach your own agreement. In arbitration, an arbitrator you both choose makes a binding decision. In collaborative law, you each have a lawyer and all four of you meet to agree terms, committing not to go to court.

What happens in divorce mediation?

After an initial meeting to check that mediation is suitable, you meet with the mediator, together or separately, to exchange financial information and work through proposals. What you agree is then recorded, and a solicitor turns it into a legally binding consent order.

How much does mediation cost?

It depends on the mediator and how many sessions you need. Mediators usually charge per session, and the cost is often shared between you. A government voucher scheme may also contribute in some cases involving children.

Is mediation compulsory?

Mediation itself isn’t compulsory, but before applying to court about finances or children, you will usually need to attend a mediation information and assessment meeting (MIAM). Exemptions apply, including where there is evidence of domestic abuse.

Do I still need a solicitor if we use mediation?

It’s strongly advisable. A mediator can’t advise either of you individually, so a solicitor makes sure you understand your position before each session, and turns what you agree into a binding order.

What happens if my spouse refuses mediation?

Mediation is voluntary, so it can’t go ahead without both of you. You can then apply to court, and the court can take an unreasonable refusal to consider non-court options into account, including when deciding who pays the legal costs.

Is an agreement reached in mediation legally binding?

Not on its own. The mediator records what you’ve agreed, and it only becomes legally binding once a solicitor drafts it into a consent order and the court approves it.

Can our solicitors negotiate a settlement without going to court?

Yes, and most settlements are reached this way. Solicitors negotiate through correspondence or round-table meetings, and the agreed terms are recorded in a consent order for the court to approve.

What is a round table meeting in family law?

A meeting where you, your former partner and your lawyers sit down together to negotiate face to face. Nothing said can be used later in court, which makes it easier to talk openly and resolve several issues in one day.

Is a family arbitration decision binding?

Yes. You both agree in advance to be bound by the arbitrator’s decision, and it is then turned into a court order. It can only be challenged on very limited grounds.


When court is necessary

Non-court options aren’t suitable in every case, particularly where there are concerns about domestic abuse, where one side won’t engage or disclose their finances, or where urgent orders are needed. In those situations, we will advise you on applying to court and act for you through the proceedings.


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